Kolkata Court July 1942 Judgments
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Municipal Commissioners Vs. Krishna Lal Pal and ors.
Court: Kolkata
Decided on: Jul-15-1942
Reported in: AIR1943Cal234
Nasim Ali, J.1. The defendants (the Municipal Commissioners of Dacca) in the suit out of which these two appeals arise made an application under Section 241(3), Bengal Municipal Act (Act 15 of 1932), to the Sub-divisional Officer of Dacca for an order upon the plaintiffs to remove one shade attached to the ground-floor and four shades attached to the four windows in the first floor of their house alleging that they were projections over a public street in the town of Dacca. This application was allowed. Thereupon the plaintiffs instituted the present suit in the Court of the Munsif at Dacca for an injunction restraining the defendants from carrying into effect the order of the Magistrate. There are four steps in front of the four doors of the ground-floor of the plaintiffs' house under the shade attached to the ground-floor. Although no proceedings were taken by the municipality to have these steps removed, the plaintiffs included these steps also in their plaint. The Munsif decreed th...
Bhowanipur Banking Corporation, Ltd. Vs. Bejoy Kumar Addy and ors.
Court: Kolkata
Decided on: Jul-15-1942
Reported in: AIR1942Cal556
B.K. Mukherjea, J.1. This rule was obtained by the Bhowanipur Banking Corporation aginst two orders of the Subordinate Judge, First Court, Alipur directing the petitioner to deposit in Court the entire amount held by it in its current account as receiver to the estate of the opposite parties. The material facts are not in controversy and may be shortly stated as follows : The opposite parties are all members of the Addy family of Chetla. One of them, viz., opposite party No. 1 instituted a suit for partition in the Court of the First Subordinate Judge at Alipur against his other co-sharers and this suit was registered as T.S. No. 55 of 1937 of that Court. On 18th September 1937, the petitioner who was and is a creditor to the Addys for a considerable sum of money was appointed a receiver to the joint estate of the Addys pending the hearing of the partition suit. By an order of the Court dated 17th April 1939 it was directed that all realisations made by the receiver from the estate of ...
Nakul Chandra Gangopadhaya Vs. Nakul Chandra Ganguli and ors.
Court: Kolkata
Decided on: Jul-14-1942
Reported in: AIR1943Cal237
Henderson, J.1. This appeal is by the judgment-debtor and raises a point with regard to the construction of Section 168A, Ben. Ten. Act. The decree-holders obtained a decree for rent and in execution proceedings attached property other than that to which the decree relates. The sale was actually held after this new section had come into force. The appellant filed an application under Order 21, Rule 90, Civil P.C., and also under Section 47 raising this present point. The Munsif did not decide the former. He missed the point of the latter and made a conditional order to the effect that, if the appellant deposited the costs of the execution by a certain date, the sale would be set aside. The point is that the petitioner contends that the sale was held in contravention of the provisions of law and was therefore liable to be set aside. The decree-holders then appealed to the District Court. The learned District Judge did not decide the point under Section 47 but remanded the case with a di...
Kunja Lal Bhuiya Vs. Hara Lal Bhuiya
Court: Kolkata
Decided on: Jul-13-1942
Reported in: AIR1943Cal162
Pal, J.1. This appeal is by the plaintiff in a suit for declaration of his title to certain specified shares in the suit lands and for accounts. The relationship between the plaintiff and the defendant will appear from 4he following geneological table: LALIT BHUIYAN died 1289 B.S. | ________________________________ | | Nanda Lal Krishna Lalpredeceased Lalit) died 1311 B.S.died 1282 B.S. | | | | Hara Lal Kunja Lai (plaintiff) (defendant) born 1280-1281 B.S. born 1295 B.S.2. In the plaint the properties are given in three schedules. Schedule 'ga' gives the homestead and schedule 'kha' gives the khas lands. The plaintiff claims no relief in respect of the properties given by him in these schedules. In Schedule 'ka' the plaintiff gives the tenanted lands. Excepting lots 18 and 19 there is no dispute that the lands of this schedule are joint between the parties; and there is no dispute in the present suit that in lot 7 their joint interest is six annas, that lot 87 is owned by them in 16...
Jugal Kishore Banerjee Vs. Sreeram Chatterjee and anr.
Court: Kolkata
Decided on: Jul-13-1942
Reported in: AIR1943Cal264
Khundkar, J.1. This appeal arises out of a suit for the recovery of arrears of rent for the years 1341 to 1344 B.S. The rent was claimed at the rate of 8 maps of paddy per year. The learned Munsif decreed the suit, but on appeal the learned Subordinate Judge held that the real rent was 4 maps of paddy per year and he varied the decree granted by the learned Munsif accordingly. The plaintiff landlord relied on an entry in the finally published record of rights which showed that the tenancy was an occupancy holding and that the rent thereof was 8 maps of paddy per year. The defence was that the rent had never been more than 4 maps of paddy and in support of this the defendants produced a decree of the year 1850 which was pronounced in a suit between the predecessors of the plaintiff and the predecessors of the defendants and which recited that the rent was 4 maps of paddy per year. The learned lower appellate Court has virtually held that by producing and proving this decree the defendan...
Gajanand Chowdhury Vs. Haribux Lahoti and ors.
Court: Kolkata
Decided on: Jul-13-1942
Reported in: AIR1943Cal634
ORDERMcnair, J.1. This is an application by the judgment-debtors under Order 21, Rule 2, Civil P.C., for notice to issue to the decree-holder calling upon him to show cause why an adjustment of the decree should not be re-corded as certified. The decree-holder on 30th August 1939 obtained a decree in terms of the compromise for Rs. 4750 and interest. On 14th December 1940 in execution of the decree he attached shares belonging to the petitioners which are said to be worth more than Rs. 67,000. The terms of the adjustment are said to have been arrived at on 1st March 1941, to the effect that the judgment-debtors would pay Rs. 4500 in full satisfaction of the decree by the end of May 1942 when they anticipated that they would be in funds on the conclusion of a partition suit. That sum is said to have been tendered on 2nd April 1942, and rejected by the decree, holder, who later sued the petitioners in Bikaneer to recover the decretal sum. An interim injunction has been granted by this Co...
Sree Sreejut Maharaja Sir Bir Bikram Kishore Manikya Bahadur Vs. Tafaz ...
Court: Kolkata
Decided on: Jul-13-1942
Reported in: AIR1942Cal587
Sen, J.1. The appellant obtained a decree for arrears of rent against the respondents and in execution thereof sought to attach and sell their properties moveable and immovable other than the land which was in arrears. That land had already been sold in execution. The judgment debtors contended that by reason of the provisions of Section 168A, Ben. Ten. Act, no property other than the land in arrears was liable to be sold in execution of this decree for arrears of rent. This contention was given effect to by both the Courts below and the execution case was dismissed. The decree-holder appeals. Several arguments were raised in the Courts below by the appellant but here he gives up all his contentions except one: and that is that Section 168A, Ben. Ten. Act, to the extent that it limits sales in execution of decrees for rent to the property in arrears is void, inasmuch as, it is repugnant to Section 51, Civil P.C., which says that a decree may be executed by the sale and attachment of an...
Pashupati Nath Pal and ors. Vs. Durjodhan Roy Chaudhury and ors.
Court: Kolkata
Decided on: Jul-10-1942
Reported in: AIR1943Cal160
Nasim Ali, J.1. This appeal arises out of a suit to recover arrears of rent in respect of a darpatni. The facts which are not in dispute in this appeal are these : Biswanath Tewari and Dharmadas Tewari were zemindars of lot Kankora in the district of Burdwan. They granted a putni of this lot to one Chandravati. The latter granted a darpatni of the said lot to one Taraprasanna Chongdar in 1876. The zemindars of 8 annas share of lot Eankora mortgaged their entire share in the zemindary to one Hazarimull in the year 1913. The zemindars of the remaining 8 annas share in the zemindary mortgaged their share to the same person in the year 1917. Hazarimull brought two mortgage suits to enforce these two mortgages in the year 1920. During the pendency of these two suits, Taraprasanna sold his darpatni right to defendants 1 to 6 on 10th May 1923. The final decrees in both the mortgage suits instituted by Hazarimull were made in the year 1925. Eight annas share of the zemindary was purchased by t...
P. Banerjee, Sanitary Inspector Vs. Murli Mohan Das and anr.
Court: Kolkata
Decided on: Jul-09-1942
Reported in: AIR1943Cal30
ORDER1. This is a reference by the learned Sessions Judge of Howrah recommending that the convictions of the two accused persons, Murali Mohan Das and Biswanath Prosad, under Sections 406 and 407/488, Calcutta Municipal Act (1923) should be set aside and that the accused should be acquitted. In our opinion, the reference has been made under a misapprehension. The finding is that the Sanitary Inspector of Howrah purchased from the accused Biswanath Prosad in the Hindu Refreshment Room at Howrah Station some butter which on analysis was found to contain 23.77, per cent. of water, and therefore it offended against the condition prescribed in the Notification dated 28th March 1928, made in exercise of of the power conferred by Section 407, Calcutta Municipal Act, under which the Provincial Government may prescribe conditions in respect of butter sold, exposed or hawked about for sale. The condition laid down in the Notification is 'Butter shall not contain more than 20 per cent, of water.'...
The Eastern Steam Navigation Co. Ltd. Vs. the Indian Coastal Navigatio ...
Court: Kolkata
Decided on: Jul-06-1942
Reported in: AIR1943Cal238
ORDERBlagden, J.1. This application raises an interesting question which has been, if I may say so respectfully, very ably argued on both sides. The applicants are the Indian Coastal Navigation Co. Ltd., the owners of a steamship called the 'Cossipore'. On or about 10th May 1941, they let her on charter to the respondents, the Eastern Steam Navigation Co. Ltd. The charter party provided amongst other things that it was for twelve months of 30 days. Monthly rent was to be paid in advance and if not earned to be returned to the charterers. The charterers were under liability to make certain advances and it was provided that the Captain was to prosecute all voyages with utmost despatch and to render customary assistance with the ship's crew. There were provisions as to demurrage and so on, and it was provided that the steamer was not to be sent on any voyage in case of war before the owners should have been able to cover her full value against war risks and the premiums were to be refunde...
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